IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100013075
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 3 (Social Security Number (SSN)) of his DD Form 214 (Report of Separation from Active Duty) to show his SSN as "xxx-xx-5002" instead of "xxx-xx-4002."
2. The applicant states there is a typographical error on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and his Social Security card.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 12 April 1971. His DD Form 4 (Enlistment Contract-Armed Forces of the United States) shows in item 1 (Service Number/SSN) the entry "xxx-xx-5002." He was discharged from the USAR DEP on 30 June 1971 and he enlisted in the Regular Army on 1 July 1971. He completed his initial entry training and he was awarded military occupational specialty 63H (Automotive Repairman). The highest rank/grade he attained was specialist four (SP4)/E-4.
3. Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as "xxx-xx-5002." This SSN was used throughout his service record and in the publication of official orders.
4. The applicant was honorably released from active duty on 1 April 1974 by reason of early release to serve in the Army Reserve. He was transferred to Headquarters and Headquarters Battery, 5th Battalion, 5th Field Artillery, 187th Infantry Division to complete his remaining statutory service obligation.
5. Item 3 of his DD Form 214 shows the entry "xxx-xx-4002."
6. In support of his application, the applicant provided a copy of his Social Security card issued on 21 September 2010 showing his SSN as "xxx-xx-5002."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
8. Army Regulation 635-5, in effect at the time, states that for item 3, check records with the separatee's social security card when possible. Otherwise, verify the accuracy of the SSN of record.
DISCUSSION AND CONCLUSIONS:
The applicant's military personnel service record confirms his SSN was
"xxx-xx-5002" when he enlisted in the Regular Army based on his initial enlistment contract. All other official documents in his available records also show his SSN as "xxx-xx-5002." Therefore, it would be appropriate to correct his DD Form 214 to show his SSN as "xxx-xx-5002."
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of his DD Form 214 the entry "xxx-xx-4002" and replacing it with the entry "xxx-xx-5002.
_________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100013075
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100013075
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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